>> thanks for joining us, everybody. >> "america live" starts right now. >> hi, fox news alert, with 24 hours until president obama delivers his state of the union address kicking off his second term and we're getting reports to expect a big new push on jobs. welcome to "america live" everyone, i'm megyn kelly. the white house saying the president's state of the union focus will be primarily on jobs and the economy. this, after an an inaugural address that seemed to put gay rights, gun control as the type priority and criticized for not focusing more on the jobs and the economy at the time. and all of this comes as the fox news poll say the majority of americans think this economy is going to get worse in the coming year, the numbers there. chris stirewalt, host of power play on foxnews.com. chris, you tell me whether this is a response to the new focus on jobs and the white

house, not new at all, but it clearly wasn't the main thrust of his inaugural address and i mean, you look for the number, you look for the word jobs and you hear, you know, or the economy, you're going to be looking a long time. is this in response to the criticism that he got? >> well, first of all, welcome home megyn, glad to have you back. >> thank you, great to be back. >> we'll see. and the second of all is this, the president here is not just that he's making-- he hasn't pivoted away from the things he's going to say to create jobs, which is deficit spending and increased taxes to finance more domestic spending on his priorities. this is what he's been talking about, really, since he started running for reelection, which is to say the day off he got elected the first time. this is his chance, this is his thing, this is what he likes to talk about. i'm not surprised to hear him

make this the focus of the state of the union, but i will say this, the consequence of him going on such an ideological, liberal sort of power point throughout his inaugural address, the position of having to go back and remind people this really is about jobs, if we don't like having 7.9% unemployment and don't like these things and the reports that we talk about global warming and marriage, et cetera, et cetera, et cetera. >> what does it actually do for him or his party. the thing is as a second term president not much he can do, pick a couple of top priorities and seems he's doing that with immigration reform and gun control and some climate change issues. so is this push for jobs because he made a push before the election for jobs, too, and it they ever went anywhere, you know, his ideas were not palatable to the lawmakers on capitol hill. so, you know, more stimulus, more spending and so on. so is this about setting up

the next democratic candidate for the white house or is this about really finding a way of helping those 23 million americans who are without a job. >> i'm he sure the president would like to help all 23 million of them. i'm sure he would like to do it and he has taken so many -- to jobs, he's twisted himself around a few times over the course of the first term. no doubt he would like to help those people, but remember the unified theory of president obama's second term is this: the president believes in order to get what he wants he has to break the back of the republican party. he has to break the back of his opponents. so what he's going to set up is where he says, i want to put 23 million people to work, don't you care about them. at which point he will say and the republicans would rather protect billionaires and millionaires and private jet owners and do the tax reform and give me the money to create jobs and the like. >> how long does that work, realistically.

everybody knows we need growth and nancy pelosi was talking, we need growth on the sunday shows and that was the message from mitt romney in the first debate where he did well and even conservatives start today say look at him, we like mitt romney. we didn't know if we loved him, but we love this guy. that's what he's talking about is growth and how you stimulate the economy. where has the growth been. the last quarter of last year, we went down and we contracted. we didn't grow at all we contracted and now the unemployment rate is when barack obama first took office at what point do the american people say, you aren't doing it? >> we're probably past that point in washington a long time ago. you referenced the poll and talked about pessimism and more and more talk about the new normal, an unhappy economy and that's the way that things are going to be, another poll or another question in that fox news poll. do you think that the president's stimulus worked in 2009? no, you don't think that it

worked. he's proposing another round of this. i think at a certain point this becomes a washington game about trying to psych out the republicans and have them freaked out that the president's going to go out on the campaign trail and say that they love billionaires with cayman island accounts more than putting regular americans back to work and see if they can incite them into doing something self-destructiself-d self-destructi self-destructi self-destructive. >> and they've cut spending to the tune of 1.6 trillion dollars and the republicans say that's funny math or fuzzy math. there haven't been real cuts they've only reduced the growth of spending, but they don't actually cut the existing spending and it's kind of like when i go to the store if i pay like $500. you know, for my shopping trip and my husband says, $500, and i say, but it was 50% off it's not 500, i saved 500, he doesn't buy that math and that's what barack obama is

accused of doing with his savings plan, his cutting plan. when you look at the fox news poll, the american people want the spending to come down and i think it was 83% say the country has a spending problem. and that puts them on the opposite side of that issue than from barack obama who says we don't have a spending problem. 80% of the american people say, yes, we do. >> as my dear old dad use today tell my mother, dear, i don't know if i can afford for you to save me all this money when she's back from a shopping trip. and people have such low expectations out of washington and staggering crisis to crisis to crisis, and the president will say i want to cut 4 trillion from the debt and i want to do this and that and the people i think have now come to the conclusion that washington is not capable of doing this kind of stuff and they will probably just smile and nod. >> and that could be the theme of the past, i don't know, how many years, washington is not

capable. just, you know how my mother had her sayings on the cupboard? that should go on the kitchen cupboard. thank you. >> yes. >> and for the full acomplete coverage of the state of the union, 9 p.m. eastern time right here on fnc. what do you do, watch the state of the union and have dinner and sit down with your family in front of the television and watch and listen or something, i'll read the highlights online, i'm interested to know. follow me on twitter and let me know,@megyn kelly. new developments now in the epic manhunt for a former l.a. police officer accused of murdering three people in a suspected revenge driven killing spree and he may not be done yet. the lapd gets a lot of new tips after offering a million dollar reward for information leading to this man dorner's arrest. officers in dozens of locations have now mounted six days of searches in what is already the biggest manhunt in california history.

and the lapd released this department training video this weekend to give you an idea how strong this man is. and you can see there, he's a big man, he's a strong man, when he was still fighting the bad guys and not allegedly one himself. and we'll be following this live from the l.a. police headquarters today. william. >> reporter: and moments ago, literally today. hundreds of detectives of sorting 600 leads, phone calls, tips, possible sightings, and the specific rate the cost to taxpayers is substantial. so far dorner has remained one step ahead of the law and this weekend, lapd tried to turn that around a little bit putting that 1 million dollar price tag on his head and offering him a bone, saying we will reopen the case. and we have some new surveillance video taken actually last week, when dorner was at a hotel in san diego.

his threat if you will, the double security this weekend at the grammy awards yesterday. and still trying to protect 50 lapd officers and their families and l.a. officials need it speak to him directly. >> it is my sincere desire to bring mr. dorner to justice. to bring him to court. to capture him alive. that's absolutely what i want and it would be my premise if he's watching this that he surrender so that we can end this nightmare. >> reporter: now, local police and the feds have established a task force to basically go through all the calls and coordinate coverage. in san bernardino mountains in big bear, it's a scaled back search to about 30 officers going through the high mountain cabins, still combing the hills and hoping to find

him. we do know when they found his vehicle they do now confirm they found two semi automatic rifles and a handgun. riverside police yesterday released a photo, the identity of 34-year-old officer michael crane. he was shot on thursday morning and his wife and two children he leaves behind. the riverside d.a. has scheduled a press conference later today to file murder charges against mr. dorner and finally the department told me moments ago, they have been in contact with his mother and asked if they might be putting her out to put a personal appeal to her son rather tan die with gunfire and only that they're a big time-- >> good question, you have to wonder what she is going through as well. so many family members still terrorized by this man and i'm sure his own family equally concerned today what's happening. william, thank you. well, as this former cop turned triple murder suspect,

t the-- and those who are after him right now. we'll speak with a criminal psychologist next. he says every day on the run adds new fuel to dorner's fire and he will tell us how that may shape dorner's next move after the break. and a vatican bombshell raising an enormous number of questions today. pope benedict today becomes the first pontiff in 600 years to announce retirement. ahead, what is behind this move? what does it mean for the church and what about the near constant speculation that the time may be near for the first american pope? and he may be one of the greatest heroes of our time and we're finally hearing his side of the story. we will bring you the first interview with the man who fired the shot that killed usama bin laden. >> tonight, i can report to the american people and to the world the united states has conducted an operation that killed usama bin laden the

leader of al-qaeda, a terrorist responsible for the murder of thousands of men, women and children. puts all the things we love about sunday meals into each of her pot pies. like tender white meat chicken and vegetables in a golden flaky crust that's made from scratch. marie callender's pot pies. it's time to savor.

>> we're back now to the developing manhunt for an ex-lapd officer turned triple murder suspect. christopher dorner is considered armed and extremely dangerous and so far has managed to evade police at every turn. they don't know where he is and yet, he's still threatening to unleash serious harm on any number of individuals. joining us now, dr. alan lippen, a psychologist and the director for the center for the study of violence. he has an interesting theory how mr. dorner's success being on the run may be influencing his thinking. and doctor, great to see you again. i know you've been studying this case and you believe that chris dorner may be having feelings now of grandiosity and that may be even more dangerous than what we've seen

so far. can you explain? >> sure, but let's start with the facts so at that people have a context. we know from the search warrant affidavits there's a belief on the part of lapd that he was on the way to nevada, perhaps on the way over the border into mexico. secondly, there was this telephone call, traced to vancouver where someone identifying themselves as dorner called the father of the woman who was murdered, monica quan in a way that's narcissistic and grandiose like dorner taunting him saying you didn't protect your daughter so well, did you? we don't know whether this is dorner or not, but it suggests multiple possibility where he might be. now, to get to your question, if we looked at the manifesto that he wrote, it had two important elements, on the one hand, the grandiose enraged narcissistic and we know that this was a guy who has had

episodes of explosive rage just like a narcissist, in high school, he was kicked out of high school for fighting on the football team, kicked off the football team for fighting. and when we watched more of that video that you just showed, that is a man who is enjoying his violence with grandiosity so this is clearly someone who is a narcissist and filled with anger. he was originally somewhat suicidal, we can see it in the note, but, each day that he is able to evade his captors, each day that he feels as if he's pulling one over and we can see this in the call, and he feels stronger, and he feels more and more grandiose, more powerful, and more able to evade the police. so, this is someone who may be coming in fact, well, he he's not psychotic like a jared loughner, more and more grandiose, more and more filled with his own sense of

power and vengeance and this is a man who is armed. now. >> megyn: wait, wait, let me jump in, because it's interesting to hear you talk about the history. >> before you do, megyn. >> megyn: yes. >> there's two ways that i think we can get this guy and let me get to that first and then-- >> no, let me just jump in. i want to get to that in a minute and understand him before we get to a manhunt and how to get him. >> fair enough. >> megyn: you talk about his history and fighting and history and so on, that's a police training video and i don't know whether it shows who he is, but i do want to ask you this, how does somebody who, you know, has this history. he served our country in the navy and fought in iraq and joined the police force, kicked out of the police force because they say he filed a false complaint against a fellow officer brutality, not well-founded and how does he turn from a ticked off fired cop into mass killer? >> i don't think that's-- i don't think that that is beyond the scope of our understanding at all.

look, we know that rage, violence, animosity, anger, murderous rage can be turned either to, let's call it uses of society, police and battle, or if the flame is touched to the fire of narcissism, we can see that person explode. we see it in other episodes before. this is someone who throughout his life, megyn, from childhood has shown that when his self was insulted, when he felt he was insulted in high school, he exploded, so much that they had to throw him out. when he was insulted on the football team, he exploded. so, they had to throw him out. in his manifesto, he shows overand over again he goes back to incidents from childhood that he's been so angry about at being slighted, this classic narcissist and that training video, i've watched hundreds of training

videos and i will tell you that while it was a training video and i'm sure that he was viewed in that context as doing a good job, that is someone who is so enthused about the act of violence that the line between fighting and justice and wanting to act with enthusiasm, enthusiastic rage is a fine line. and when he feels that he's been wronged, he's going to explode. >> megyn: i've got about a minute left and i want to get to your thoughts on how we get him. >> i think there's two ways that are most likely to get this guy. number one, someone who as we've seen in the manifesto, you can read it online, this is someone who wants to confront his accusers. he feels he's been wronged and he wants to stand-up to them and prove he's right and so he may show himself and that vancouver call may be an indication of this. secondly, he know that there's a manhunt out for him and it's huge so he is looking over his shoulder wondering if the next person is the person who's going to capture him or i.d.

him and that is classically the kind of thing that may cause him to make the critical mistake and that's the mistake. >> megyn: let's hope you're he right. it will be interesting to see if his mother can be useful in any way. doctor, always great getting your thoughts. thanks to see you. >> good to see you, megyn. >> megyn: like wise. coming up a powerful story of heroism and sacrifice, a medal of honor ceremony to introduce you to a sergeant who may have singlehandedly saved dozens of lives and today, new never before heard details of the raid that killed usama bin laden, straight from the navy seal to fired the fatal shot himself. how he says the government failed him and how he has barely been home in ten years. i was in the ambulance

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>> well, villagers in the philippines are mourning the loss of the world's largest crocodile in captivity. how big? it took 30 men and three weeks to capture this thing back in 2011. the 20 foot-- no, 21-foot long beast became a tourist attraction. he was found in distress in his disclosure and he died despite their efforts to save him. and the town's mayor reportedly cradled the crocodile in his arms before he died. and local reports say that lolong swallowed a nylon cord three weeks ago and believed to be more than 50 years old. so long, lolong.

well, today we're getting some never before heard details of the raid that killed usama bin laden from the navy seal that delivered the fatal shot. in an interview with esquire magazine, the shooter describes the graphic details, and the mission, and changed the course of history and the sobering reality of what is life like for guys like him after the military. >> trace gallagher, trace. >> reporter: the story was written by phil bronstein from the san francisco chronicle and the navy seal, the details into two minutes that changed history. the shooter says when they were given the mission they were told that bin laden was 100% on the third floor of the compound in abbottabad, pakistan. and when he and the rest of seal team six was there, it was done in 15 seconds.

i thought in the first instance how skinny and how tall and short his beard was all at once. he was holding his wife in front of him, maybe as a shield, i don't know. for me it was a snapshot of had a target i.d. definitely him. if this was repetition and muscle memory, that's him, boom, done. in that second, i shot him two times in the forehead bap, bap. the second time as he's going down he crumbled down on the floor in front of his bed and i hit him again, bap. same place. his forehead was gruesome, it was split open in the shape of a v. the american public does not want to see what it looks like and i watched him breathe the last part of air i thought is this the best thing i've ever done or the worst thing i've ever done. this is real and that's him holy blank. and this shows how the job ruined his marriage and how

the navy and military abandoned him and saying because he retired early he has no pension, no health care, no protection. he says, he thought his family would need to know how to protect themselves in case they were attacked, so he taught them how to do so. the military, megyn, has now responded saying and i'm quoting here, we take seriously and the safety and security of our people as well as our responsibility to assist sailors making a transition into civilian life. without more information about in particular case, it would be difficult to determine the degree to which our transition program succeeded. this, by the way, is in esquire magazine online and the issue comes out late next week. >> megyn: wow, what an unbelievable story. trace, thank you. that quote, is this the best thing i've ever done or the worst thing i've ever done. can you imagine being that guy? well, in other news, history being made today with a stunning announcement from the pope. the leader of the catholic

church stepping down in a move he we haven't seen in over 5 centuries, normally our popes die while pope. pope benedict decided to step down due to his frail health and a surprise move from his closest confidantes today and wean though the country faces over 16 trillion dollar debt new polls suggest that could not be farther from what the measured america people want to see and lou dobbs joins us live on that conflict next. >> shovel ready was not as shovel ready as we expected. lobsterfest is the king of all promotions.

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♪ is your cholesterol at goal? talk to youdoctor about crestor. [ femalannouncer ] if you can't afford your medication, astrazeneca may be able to help. >> today, pope benedict xvi making an announcement not heard from the church in nearly 600 years saying he will be stepping down as pope at the end of the month. and actually, it wasn't that lock ago that benedict was picked as the latest leader of the roman catholic church and introduced to a flock of faithful worshippers across the globe. here is a look back at that afternoon in 2005. >> and lord, joseph, roman catholic church, cardinal

ratzinger. ratzinger. >> oh, back now to more recent images and it's clear that the pope, vatican leader has taken a toll on him physically and such a incredibly demanding position, he insists that the decision to step down was made without any outside pressure. greg palkot is outside london with the latest. >> reporter: it was a big surprise to a lot of people. pope benedict xvi saying he will step down on february 28th, less than eight years into the papacy and he went on to say that specifically his strength was deteriorating in the last few months and that's why he made the decision. according to the vatican today, this sets up a conclave of cardinals and elections for a new pope by mid march and

the vatican saying we should see a new pope by easter sunday, march 31st. and benedict will not take part in that conclave and has to be said conclaves usually happen when poapst die and the last time a pope resigned was the year 1415. and pope benedict says that poapst should step down when they don't feel up to it. we saw john paul ii suffered through the last years of his papacy and maybe he wanted to avoid that. a former german cardinal joseph ratzinger was conservative faith and modern issues, relations between catholics and jews and muslims, and especially the widespread charges against members of his catholic church and child abuse. the question now is, who gets to be picked as the new pope of the billion plus catholics around the world. the speculation he could come from africa or south america,

somewhere in the developing world, history could be made, but as you note, megyn, the pope according to his defenders and supporters making a very courageous move. >> megyn: greg, thank you. we're hearing reports that the president could call for a new round of federal spending in his state of the union address tomorrow night. a plan compared to his previous stimulus plan and we just received new fox news polls last week asking voters if they believe the stimulus of 2009 actually worked. just 34% said yes. 60% said, no, it did not work and only 29% of respondents saying he they he would support another round of stimulus spending. 61% say they would oppose it and the president may run into challenges. joining me lou dobbs from the fox business network and's going to offer reportedly new spending on infrastructure,

clean energy and education and believes that what the country needs right now is more spending. >> this is a president who has spent his political capital. this idea of adding to the stimulus spending which in monetary and fiscal policy amassed over 5 trillion dollars. it is just not a new idea. it is not original. it hasn't worked, and this president in a way is creating a greater problem because it's so clear that this administration is out of ideas and therefore, out of solutions for 23 million americans who remain out of work, underemployed, or who have given up work. >> megyn: he believes and we heard nancy pelosi reiterate this in the sunday with chris wallace. >> now i'm excited. >> megyn: that the stimulus, stimulus one, americans don't believe worked, did work because it saved or created over 3 million jobs, so, they will say that this, if you

want to call it a second stimulus will save or create millions more jobs. >> it's time for the national media in this country to be big boys and girls and take a look at what is happening to this economy. the jobs that are being created. there is no such things as jobs the created and saved until presto, president obama comes up with the language. control the language you control thought. this is not a measure. there's no metric here that is accepted by economists around the country. the fact of the matter is, we have 23 million people without work. and we've spent 5, 5 trillion dollars. i know it's impossible to conceptualize, but understand, folks, we've got a 16 plus trillion dollar national debt now. this president has no answer to anything. >> megyn: they say look, we got involved in two wars under president bush that we had to fund and pay for. under president obama they say he inherited a bad economy which he did and stop gap

measures to help the unemployed and folks who are on welfare suddenly and so on and accounts for some of that money. they believe that in order to stimulate the economy, you need more spending and this is their plan. i mean, before i let you respond. listen to nancy pelosi and a short clip and how she put it with chris wallace. >> it is almost an argument to say we have a spending problem. we have a budget deficit problem that we have to address. >> megyn: what she meant by that if you listen to the greatest context, sure you can cut some things, but she doesn't want us to cut education, scientific research and so on, the things that are her favorite causes. she says some things can be cut, but not those things. >> first of all, the education is not the purview of the federal government, only amounts to 10% of spending in this country and set her aside on that issue and frankly, no child left behind and every program moved by the department of education is an

argument for the elimination of the department of education. >> megyn: she says there's no spending problem and president obama reportedly told john boehner the same thing. >> what happened to the same president who two years ago was talking about the recoveries at hand? mission accomplished on the economy? and we're sitting here with 7.9% unemployment. and we're looking at an economy that's not growing, it's contracting, down .1%. >> megyn: they say a contracting economy you don't spend less, you spend more. >> in my humble opinion you couldn't spend more if you put your foot all the way to the-- >> the truth of the matter is, 5 trillion dollars in the course of this president's administration now entering its fifth year, it's utter hogwash. why can't anybody be honest about it? try some new ideas, think originally. and what you need here is not another list of government programs and trillions of dollars spent, to hire more public employee union members which is the real idea.

we need a strong, positive leader in the white house to start driving optimism and focus on the future that's brighter than this sad path that has been created over the last three and a half years, the worst recovery since the depression. >> megyn: we're number one, covered that, but this is officially the worst recovery in the history of america. lou, thank you for being here. >> thank you, welcome back. >> megyn: thank you, sir. back in october of 2009 the taliban stormed a remote u.s. outpost in afghanistan, greatly outnumbering the 52 americans stationed there. staff sergeant clinton roamshea the man you see on screen right led the counterattack in the face of insurmountable odds and managing all of the, but eight men. and his amazing story as he receives the medal of honor.

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>> fox news alert live to the white house where we're monitoring an event there that will honor an american hero. retired army staff sergeant clinton romesha receiving the medal of honor at the white house in moments. the former active duty officer being honored for his bravery where he led service members in a ten hour fire fight with the taliban. and before we get that ceremony we want to hear from jennifer griffin live at the pentagon with the story. >> reporter: hi, megyn, if there's one place the medal of honor recipients have in common, it's odyssey. and clinton romesha gives us that and more and become the nation's 80th living medal of honor recipients. he comes from a family of services services.

he senior offed two tours in iraq and one in afghanistan. he led the defense of an out post he and 50 others soldiers were at an outpost near the pakistan border. 300 taliban overran the camp in a pre-dawn ambush that lasted ten hours and one of the bloodiest in the afghan war. eight americans killed, 22 injured and what made it unique, it was seset in the bottom of a valley surrounded by mountains on all sides. its position was nearly indefensible because the taliban controlled the high ground and faced five months of nearly daily attack and slated to be dismantled by general stanley mcchrystal. he left them vulnerable in the remote parts of afghanistan. and despite a 360 attack, they called in air support and air support killed 30 insurgents and reclaimed a mortar despite

a schrapnel wound during the ten hour fight and ran 100 yards under fire to retrieve the bodies of the fallen and remains hard on himself. he lives in north dakota with high school sweetheart tammy and three children and left the army to spend more time with them. and safety manager for an oil construction firm and drives three hour round trip each day to work to remain near his family and remains haunted by what happened in afghanistan and harder on himself than anyone else, and they say they would follow him to hell and back. they did on october 3rd. 2009. at a remote outpost in afghanist afghanistan. >> megyn: wow, jennifer, thank you. we go live to the white house to meet this incredible man. ♪

>> let us pray, might yy god from whom we come and find peace, hear our prayer. centuries ago written in a spirit to the faithful spirit of truth and justice, and the men of valor being led into the conflict, it's better for us to perish in battle look upon the outrage of our nation. same lord god, we taught to recognize the men of valor, through the battle upon them and the sacred story of one of life and death, and service

rendered at the moment of truth. and along to that small band of black knights. as the nation grateful with spirit of the men who follow and the man who leads. we offer our gratitude for the actions, those men that day, for the actions and god, and thank you, oh god, for the honor of claiming your sacred story and writing it into our nation's history. we bestow the honor on safe sergeant romesha and recognize his actions and grant on to us your holy presence. and your abiding grace and mercies upon the families, the friends who gave the last full measure of devotion that day. staff sergeant martin, safe sergeant diego staff sergeant

perk. sergeant perga, christopher griffin, cfc kevin thompson and we ask our blessing upon all of our servicemen and women at home and abroad supported the defense of our constitution, and grant wisdom and guidance to those who lead our nation, sergeant romesha's example, our service and devotion and ask this in your holy name. amen. >> please be the seated, everybody. everybody. >> . >> good afternoon and on behalf of michelle and myself, welcome to the white house. now, every day in the white house we receive thousands of letters from folks all across america. and at night upstairs in my

study i read a few. about three years ago i received a letter from a mom from west virginia. her son, stephen, a specialist in the army who is 21 years old had given his life in afghanistan. he had received a condolence letter that i sent to her family, i sent to every family of the fallen and she wrote me back. mr. president, she said, wrote me a letter telling me that my son was a hero. i just wanted you to know what kind of hero he was. my son was a great soldier, she wrote, as far back as i can remember, stephen wanted to serve his country. she spoke of how he loved his

brothe brothers, how he would do anything for them, and of the brave actions that would cause stephen his life, she wrote her sacrifice was driven by pure love. today we are honored to be joined by stephen's mother vanessa and his father larry. please stand, vanessa (applaus (applause) >> we're joined by the families of the seven other patriots who also gave their lives that day. in fact, can we please have them stand so we can acknowledge them as well. [applause] we're joined by

members of bravo troop whose courage that day was driven by pure love. we gather to present the medal of honor to one of these soldiers, staff sergeant clinton l romesha. clint, this is our nation's highest military decoration. the gratitude of our entire country so we're joined by members of congress, leaders from across our armed forces, including secretary of defense, leon panetta, chairman of the joint chiefs of staff, marty dempsey, army secretary john mccue and army chief of staff general. we are especially honored to be joined by clint's 4th infantry division, iron horse soldiers, and members of the

medal of honor society who today welcome you into their ranks. now, despite all of this, you may have a sense that clint is a pretty humble guy. just spent time together in the oval office. grew up in lake city, california, population less than a hundred. we welcome his family, including mom and dad, tish and gary. and shared that clint was actually born at home. these days, clint works in the oil fields of north dakota. he is a man of faith and after more than a decade in uniform, he says the thing he looks forward to the most, just being a husband and father. in fact, this is in the even the biggest event for clint

this week because tomorrow he and his wife tammy will celebrate their 13th wedding anniversary. clint and tammy, this is probably not the kind of intimate anniversary you planned. but we're so glad that you're here along with your three beautiful children, debby, gwen and colin. colin is not as shy as clint. he was in the oval office and he was racing around good. (laughter) >> and holds a number of the apples before he found the one that was just right. now, to truly understand the extraordinary actions for which clint is being honored, you need to understand the almost unbelievable conditions under which he and d troop

served. in sometime in 2009 when many of our troops still served in small rugged outposts everyone as commanders were shifting to larger towns and cities. combat outpost keating was a collection of buildings, with concrete, plywood, trenches and sand bags. of all the outposts, keating was among the most remote. it sat at the bottom of a steep valley surrounded by mountains, and a later investigation gave ideal cover for insurgents to attack. keating, the investigation found was tactically indefensible. that's what the soldiers were asked to do, defend the indefensible. the attack was in the morning, some of our guys were standing guard and the guys like clint

were sleeping. the explosions sent them out of their beds and rushing, the odds became clear, these 53 americans were surrounded by more than 300 taliban fighters. what happened next has been described as one of the most intense battles of the entire war in afghanistan. the attackers had the advantage, the high ground. they were unleashing everything they had, rocket propelled grenades, heavy machine guns, mortars, snipers taking aim. but those americans down below the fire was coming in from every single direction. they've never seen anything like it. with gunfire impacting all around them, clint raced to one of the barracks and grabbed a machine gun. took aim at one of the enemy machine teams and took it out. rocket paroled grenade exploded sending schrapnel

into his hip, his arm, and his neck. but he kept fighting. disregarding his own wounds, attending to an injured comrade instead. then, over the radio came words no soldier ever wants to hear, enemy in the wire. the taliban had penetrated the camp. they were taking over buildings. the combat was close, at times as close as ten feet. and clint took aim at three of them, and they never took another step, but still, the enemy advanced, so the americans pulled back, the buildings that were easier to defend to make one last stand. one of them was later compared to the alamo. one of them later compared it to the alamo. keating it seemed was going to be overrun and that's when clint romesha decide todd to

retake his camp and he gathered up his guys and they began to fight back, storming one building and then another, pushing the enemy back, having to actually shoot up at the enemies in the mountains above. by now most of the camp was on fire amid the flames and smoke, clint stood in the dair strike that shook the ground and they heard comrades pinned down in a hum-vee, consistent and his team unloaded everything they had into the enemy positions and with that cover, three wounded americans made their escape, including the greviously injured stephen. and more americans, their bodies were still out there. clint romesha lived the soldier's creed, i will never leave a fallen comrade. so he and his team started charging as enemy fire poured down and they kept charging, 50 meters, 80 meters,

ultimate ultimately 100 meter run through a hail of bullets and reached their fallen friends and brought them home. throughout history the question has often been asked why. why do those in uniform take such extraordinary risks and held to such courage. you ask clint and many soldiers here today, they'll tell you, the epic fight for their country, they fight for our freedom. and they fight to come home, to their families. most of all they fight for each other, keep each other safe to have each other's backs. i called clint to tell him he would receive this medal. he said he was honored, but he also said, it wasn't just me out there, it was a team effort. so, today we also honor this american team, including those who made the ultimate

sacrifice. private first class garrett thompson who would have turned 26 years old today. sergeant michael skusa, sergeant joshua perk, sergeant christopher griffin, staff sergeant dustin giagos. staff sergeant mark. sergeant jonathan hart and speciali specialist stephen mays. and the battle that raged all day, that brand of selflessness was displayed again and again and again. and soldiers exposing themselves to enemy fire to pull comrades to safety. tending to each other's wounds and performing bloody transfusion, giving each other their own blood. and you look no further than the medals and ribbons at that

grace their chests, with their sustained heroism 37 army commendation medals. for wounds 27 purple hearts. for their valor, 18 bronze stars. for their gallantry, nine silver stars. these men were outnumbered, outgunned and almost overrun. they came back and one of them said i'm surprised any of us made it out. but they are here today. i would ask these soldiers this band of brothers to stand and accept the gratitude of our entire nation. [applause] (applause)

>> many lessons from camp keating. one of them is that our troops should never ever be put in the position where they have to defend the indefensible. that's what these soldiers did for each other, sacrificed. because they did, eight grieving families were at least able to welcome their soldiers home one last time. more than 40 american soldiers are alive today to carry on, to keep alive memory of their fallen brothers, to help make sure that this country they love so much remain strong and free, but whatever turned the tide that day how is it so few americans prevailed against so many, as we prepare for the

reading of the citation, i'll leave you with the words of clint himself, because they say something about our army and they say something about america, they say about our spirit which will never be broken. there were more than that day, not going to back down in the face of adversity like that. we were just going to win plain and simple. god bless you, clint romesha, all of your team, god bless all who served, god bless the united states of america. with that i'd like the citation to be read. >> the president of the united states of america authorized

by act of congress march 3rd, 1863, has awarded in the name of congress the medal of honor to staff sergeant clinton l romesha the united states army. for conspicuous gallantry at the risk of his life above and beyond the call of duty. staff sergeant clinton l romesha distinguished himself by acts of gallantry at the risk of his life above and beyond the call of duty bravo troop, 51st regular meant. 4th infantry division during combat during a combat defense the men am i camp keating on october 3rd, 2009. on that morning, staff sergeant romesha and his comrades awoken from attack by estimated 300 enemy fighters occupying the high ground on all four sides of the complex.

and rocket propelled grenades, mortars and fire. they were under intense enemy fire to seek reinforcements from the barracks before the assistance of a gunner. staff sergeant romesha took out an enemy machine gun team and generated used for cover inflicting him with schrapnel wounds. undeterred by his injuries, staff sergeant romesha continued to fight and upon the arrival of another soldier to aid him and the assistant foreign amobilized a five man team and returned to the fight equipped with a sniper rifle. with complete disregard for his own safety. staff sergeant romesha continually exposed himself to heavy enemy fire as he moved about the battlefield engaging and destroying multiple enemy target including taliban

fighters who reached the outpost perimeter. and a secure and reinforced key points of the battlefield, staff sergeant romesha maintained communication with the tactical operations center and the enemy attacked with great greater ferocity. and he identified the point of attack and directed air support to destroy over 30 enemy fighters. after receiving reports that seriously injured soldiers were at a distant battle battle. they provided cover to allow the injury soldiers to safely reach the aid station. upon orders for the next objective his team pushed 100 meters to recover and prevent enemy fighters were taking bodies of their fallen comrades. staff sergeant romesha's heroic actions throughout the day long battle were critical in suppressing an enemy that had far greater numbers. in extraordinary efforts the bravo troop to regroup,

reorganize and prepare for the counterattack, for the personnel and secure outpost keating. and staff sergeant's romesha's deployment and heroism above and beyond the call of duty reflect great credit on himself. bravo troop, 51st, bravo, 4th infantry division of the united states army. (applause) (applause).

>> let us pray, today almighty god we have gathered to give recognition, the spirit that made our country great, willingness to give totally of ourselves, even into death. the great blessings of being a part of this country, the example staff sergeant romesha, we give you thanks. he was left to our army for a few short years and we were deeply blessed by his

presence. ancestors of service, he inspired generations through greater service and devotion, in your strength we protect others, your providence that we be kept safe, and return our hearts to a few each and every day, the act in your holy name amen. >> . >> well, thank you, everybody, most of all, thank you for clint and the entire team for their extraordinary service, devotion to our country, and we're going to have an opportunity to celebrate and there's going to be a wonderful reception and i hear the food around here is pretty good. i know the band is good. and colin really needs to get down. so enjoy, everybody. give, give our newest recipient of the medal of honor, a big round of applause once again. [applaus

[applause] >> and it's men like that, staff sergeant clinton romesha that make you proud to be an american, don't they? it was tough to see the grief on the faces of the parents in that room of the eight who did not survive, but it could have been far worse had it not been for the bravery and courage of men like that man we just had the privilege of meeting. and hearing his story, outnumbered 300 to 50 and you heard the story and we've watched some of these ceremonies and in one faithful moment somebody makes had a decision, a life changing decision, a life saving decision that puts him next to the president of the united states at some point. this man made several, i mean, repeatedly defying, defying

the laws of safety, your instincts to protect yourself, in order to save his fellow comrades and he spoke to cnn's jake tapper and said in part, the thinking that was going through their heads. we're going to dig deep, we're going to man up. it was amazing to watch the great sacrifice, losing out on sleep, long hard days running up and down the mountains with less guys in the unit than before we took pride in that and we did more with less and that was our motto for a while. doing more with less. and you heard jennifer griffin talking about his fellow troop members there are few people i'd follow to hell and back and romesha is one of them. in the moments before the ceremony, the little boy-- he has three children and one much them you heard the president referring to, little colin. check out the peek-a-boo behind the podium moments before. look at this adorable little boy and what a hero his daddy is and thank god he got to see him again and our thoughts and

prayers are with the family who did not welcome home their children in the way they would have liked, but thanks to staff sergeant romesha, they did get to say a final goodbye. we'll be right back. ♪ you know my heart burns for you... ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

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>> this is a fox news alert. we're getting brand new details what to expect from the president's fourth state of the union address tonight. welcome back, i'm megyn kelly. after weeks of pushing gun control, gay rights and immigration reform. aides say the president is shifting back to the economy as massive defense cuts loom and unemployment remains high. our chief white house correspondent live with the white house with more. ed. >> the bottom line as jay carney said at the white house briefing, the president has always seen the inaugural address and the state of the union address tomorrow as two acts in one play. as you mentioned the focus on the economy, in tomorrow night's address and the fact

is you go back to inaugural address the word autonomy and word jobs used twice and jay carney's response, the president may not have used those words, but talked broadly in the inaugural address about the middle class, putting it it in the right place and other issues, gay rights and he talked about climate change, he talked about immigration reform and certainly that's been the focus of his public event since the inaugural address, in this year in terms of what he is focusing on and we've seen articles in the washington post and elsewhere saying he's going to now give it back to the economy and we've heard that phrase, give it back to the economy many times over the last four years and jay carney got some questions today about whether he's pivoting once again. take a listen. >> the president's principle preoccupations as he ran for this office, beginning in 2007, have been, you know, what we need to do to make our economy work for the middle

class, to help expand the middle class, to give average americans the opportunities they need to help this economy grow and to help it be as strong and dominant in the 21st century. >> despite all of that work on the economy though, a quinnipiac poll believes 53% of the public believes we're still in recession right now and the tough path ahead to the president tomorrow night to convince the public that he's all over the economy, megyn. >> megyn: ed henry, thank you. well, another big story this hour, the historic announcement out of rome, the pope will resign at the end of the month. the pontiff blaming poor health for his decision, which would make him the first pope to step down since the 1400's. father murray, great to see you again. your thoughts, your reaction to this? >> i was stunned to get the news this morning, then when i read what the pope said i understood why he did it. he's not feeling well and he's

just tired. it's a big schedule. he doesn't want to short change the pontificate. and he wants someone to pull after him and he couldn't do that and steps aside. >> megyn: why is it so unusual, 600 years since somebody has done this? >> yes, it's unusual and the office is conceived as a lifetime office and the way you exit is through death, but it's always possible for poapst to resign. t popes have done it and if he wants to resign he can do it. >> megyn: and the expertise on the pope and the vatican said earlier this is such a courageous move. who gives up power, especially this kind of power? >> he's teaching a lesson. he's stepping away from being the head of the church so the church can be better served by a younger man. yes, power is not the reason he became pope. he didn't accept the election because he wanted to be a big man. he wanted to serve the church as a shepherd and said i'm not

going to be able to do it so i'd like someone else to do it. >> megyn: for the conspiracy theorists out there, is there a chance he's forced out or he makes this decision on his own, right? >> he's in charge and knows what he's doing and made it clear, he made a precise statement this morning to the cardinals about his resignation, the date and time when he's leaving and he's laying the groundwork for easy transition to the next conclave. >> only eight years in office, is that how he refers to it, only eight years in the position. >> yes. >> megyn: and what will his legacy be? >> certainly the legacy will start with the idea that he's the first pope to voluntarily resign in the history, in the 600 years. legacy beyond that is going to be his ratings, a profound theologian, he's written some books, written many talks. he's also a very kind man, he was gentle and people had this image of a german cardinal would be very hard. not at all. he had a softness, kind of a

charity of christ came through in the way he dealt with people. on the other happened, he criticized the dictatorship of relativism, which is a continuing problem not only in the world, but in the church. he said, no, christ gave us teachings we're going to be faithful to those. i think he's setting the stage for continued renewal of the church and now it's up to us to pray that the holy spirit will inspire the cardinals to elect a worthy successor. >> megyn: how important is the identity of the next pope? because the catholic church has seen its fair share of troubles and i'm a catholic, go to mass on sunday and not as full as it used to be and depends on the time. you have the tragedy like newtown and so on, it's different. but you know, someone's going to have to take us really into the 21st century, and lead us. how important is that next pope going to be? >> the next pope will have a very, very important role in helping the church to face the challenges of the world, to continue the internal reform of the church. you know, this pope was so strong about the sex abuse

crisis and put the bishops on notice this has got to end we're not going to tolerate this anymore. and the next pope will have to fight, let's say criticisms that might come from, well, he's from this nation, not from that. we should look at the pope as a universal father and cardinals say he we want someone from the third world, africa, latin america, asia, that's wonderful, but that's really not the most important thing, we need a wholly educated and dedicated bishop to become pope and i think the cardinals are aware that and let's pray that they make the good choice. >> megyn: thanks for being here. and one of the most exclusive prep schools and the fund raising letter that may land that school in court. stay with us. yeah. then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. ok. [ voice of dennis ] silence. are you in good hands?

>> over the weekend we heard from some of the growing number of progressives who say they hate what they learned last week about the administration's policy on drone strikes, but want to support president obama. that was revealed, that piece was revealed the policy in a leaked memo that lays out the legal argument for the president to order the killing of terror targets, even when those people do not represent a direct threat and even if they are americans. so, there is a new idea for reviewing those on the president's kill list, to make sure that the power of life and death is not being used. nick sekulow for the american center of justice. and jay, they're talking about drone court. i don't know what drone court is and do we need it? and how do we button this up? >> i think the problem with the drone court is we're taking the commander-in-chief's role and relegating it to the judicial system for a kill order and

here is the problem and i know that there's some on the left and some on the right who are going to disagree with that. if usama bin laden would have been a united states citizen and the president of the united states would have ordered a drone strike in pakistan that's the effective way to take him out. does anybody think we would have needed to have gone to a court to get that order. the answer is no. the double standard hereof course they were ready to haul off former attorney general alberto gonzalez and his staff in the international court in the haig as you mentioned because the waterboarding. and now drone strikes on american citizens and they're cautious how to respond. the president can have this ability, but they can't be abused. and the problem is the idea of rehe definition of the phrase imminent that was contained in that leaked memo. that was the problem because it's an elastic definition and that's causing the concern among both conservatives and those who would consider themselves progressive. >> i was on o'reilly, a year or plus ago, talking about

this and about whether it was legal. and one of the things they need, if they can't prove that the person is an imminent threat. he can still do it was my legal conclusion at the time if he has statutory authority and in the wake of 9/11 to kill those who attack us in 9/11 and the congress gave the president authority to do that and thought ten years later better refresh that all it says, kill people who went after us on 9/11 and let's broaden it to people who want to kill us and trying to kill us and affiliated with al-qaeda and democrat didn't vote for that. they didn't go through, jay, in the u.s. congress and now we're in a position where president obama doesn't have the statutory authority that he wants at the he moment. >> that brings up a separate and important question. is there an authority under what's been given to the president who execute the order. i think the argument could be made as commander-in-chief he has an inherent right to

engage and again, the phrase imminent has a lot of people concerned, but again, i want it on record here, i think the president has to have in his arsenal as commander-in-chief the ability to utilize drone strikes that knock out significant targets that are aimed and armed to hurt the united states of america. and the questions going to be how hard does that extend? it can't be to somebody walking on the streets of manhattan unless that person was go to blow up the empire state building and effective there. you run into the risk, what is the battlefield. what everybody should be wondering, megyn, this was the president and the administration that did not want to use the words war on terror. they wanted that out of the vocabulary yet the entire memo from the the department of justice is based on the fact that we're engaged in a war on multiple fronts with terrorists that are trying to destroy us, so they're he using the convenience of the war on terror and convenience tongue in cheek, using it for

a justification that the president is in. and the double standard is unbelievable. >> megyn: let me tell you, jay. i was there at barack obama's inauguration in 2009 and one of the biggest applause lines was when he said we do not have to trade our ideal, something to that effect in exchange for our own security and that was a criticism that the democrats had of president bush. they thought we traded for our safety and now we're hearing different messages. >> when the president was inaugurated and sitting down at meetings 6 and seven o'clock in the morning getting briefed on attacks on the united states and united states citizens had that in benghazi a couple of months ago and all of a sudden gitmo doesn't get closed so quickly and drones used more, and information out of the terrorists to protect the homeland. the reality of being the president and commander-in-chief changes the president's views and take a look what eric holder wrote he

was filing briefs for the alleged terrorists, some were absolutely terrorists and not alleged. listen to what he said. we're in a war time mode right now and some is because of the reality on the on the ground situation around the globe. a tough situation, at the end. day the president has to have the authority to do that and i have friends of mine that like the court idea, but you're a lawyer, i'm a lawyer and maybe it's the lawyer's retirement, but another court system set up for lawyers, but i don't think that's the way you can run them. >> now what you can do. >> in a secret court. >> now what we do, jay, don't get the lawyers involved. thanks for being here. >> thanks, megyn. >> well, one of new york city's most prestigious schools boasts about the ethical and moral characters about the students. and a fund raising pitch for some that it rejected. kelly's court on some of the lawsuits. and days ago, one of the

country's most respected doctors stood up at the prayer breakfast and criticized obamacare, political correctness with president obama basically next to him and now the doctor is being accused of being disrehe inspectful? really? is that fair? i'll have a debate on it next. s of our new economy. by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, we're teaming up with companies like cisco to help make sure everyone's is ready with the know how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu. ♪

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and the republicans said finally somebody stood up and said it. >> megyn: well, that was question was posed by candy crowly yesterday in controversy and some of the panel did believe there was disrespect. this all has been sparked by the appearance of world renowned neuro surgeon, pediatric neuro surgeon benjamin carson at the thursday national prayer breakfast attended by president obama and the vice-president. and the president was sitting a few seat away and on political correctness and taxes. >> when he a person is born and birth certificate, electronic medical record and a health savings account to which money can be contributed pretax from the time you born and the time you die and when you die pass it on when you're 85 years old six diseases not trying to spend everything, and happy to pass it on, nobody is talking about death panels.

we've reached a point where we afraid to speak what they have to say, somebody might be offended. and not saying merry christmas at christmas time, doesn't matter whether they're jewish or any religion, it's a salutation, a greeting of goodwill. we've got to get over this sensitivity. you make 10 billion dollars, you put in a billion. you make $10 you put in 1. of course you've got to get rid of the loopholes. [applause] but now, now, some people say, they say well, that's not fair. because it doesn't hurt the guy who made 10 billion dollars as much as the guy who made 10. where does it say you have to hurt the guy. >> megyn: and now brad, a former deputy assistant to president george w. bush and dan, the president of gotham ghost writers. an interesting question posed by miss crowly whether it was disrespectful and some on the panel, say it was disrespectful for the doctor

to speak this way before the president at the national prayer breakfast. dan, your thoughts? >> i teach a class at nyu and the first thing i tell my students he when you're talking about judging ethical behavior context is the most important thing. if dr. karr son said this at rnc convention at the heritage foundation and said it on the floor of the senate, fair game. totally appropriate and i agree with some of the things he said, but to do it at the national prayer breakfast, which is a place where it's supposed to be celebrating humility, harmony and national unity, totally out of place and an indictment what's wrong with washington, there's no safe space anymore for comedy, no safe space to be free of ideological partisanship, polarization, all of that stuff that turns the american people off. now it's even at the national prayer breakfast. >> megyn: brad? >> the president gave him an opportunity to be heard. isn't that what democracy is all about. truth to power. and the president so thin-skinned and can't sit there listening another

american give his vision of what america can be. he tied it back to religion and talked about the humility and respect of not blaming others for your problems. he talked about the danger and the inhumane treatment of others by accumulating a debt for people who are yet to be born. >> brad, i'm not saying-- >> if he had kept it on the topic that was germane to a national prayer breakfast, bringing people together and not dividing the american people. >> it was an ideological speech. to me it's not so much it was disrespectful for the president, it was disrespectful of the political process and any sense of comedy and having a safe space for-- >> there is no safe space, come on, the national prayer breakfast. >> wait, wait, i want to hear that point, go ahead, brad. >> the national prayer breakfast is it a place to talk about america and the fabric of america and what brings us together.

but also, what divides us and we've been divided not only have a divided government, but a division in blaming others and seeming to have a victim for everything that happens in america. and not only a victim, but something that's possible to that victim. and the economics and-- >> and the question then to you, dan, because he was talking about what divides us in terms of why can't we say merry christmas anymore, it's a salutation and why do you have to make the billionaire feel pain. why is that necessary? >> because it was a very ideological speech. again, which is not inappropriate in other settings, but in this place, it was actually very divisive because it it pointed out to our differences not what brings us together. and let me make the most important point which is the situations at play here and tribalism. if a liberal preacher got up and denounced the iraq war in front of president bush conservatives would have been howling. >> megyn: would you have been howling if he would have done that in front of president

obama and candidates-- >> absolutely. >> megyn: this is a compassionate president extended unemployment benefits and extended-- you would have said bravo, that's appropriate. you would have condemned that that's inappropriate? >> there should be a time at a national prayer breakfast to celebrate our unity and-- meg you know me i'm equal opportunity critic of both parties when they go over board and i thought that the democrats often treated president bush very disrespectfully and in the meantime the republicans do it. >> megyn: brad, the stuff where he was talking about disunity and so on so forth, dan says he's being deviivisivd i'm hearing somebody who criticized divisive behavior and the obamacare talking about the clip his solution to the national health care cries cities and talked about the deficit. a clip where he's talk-- i don't want this clip i want

a different clip where he's talking about ancient rome and we may become just like them. listen to this. >> ancient rome, very powerful, nobody could even challenge them militarily, but what happened to them? they destroyed themselves from within. moral decay. fiscal irresponsibility, they destroyed themselves. and if you don't think that can happen to america, you get out your books and you start readi reading. >> megyn: the president is there, don't you feel like a little-- no? >> no, not at all. because look, he said something that's very true. learn from history, or condemned to repeat it and talking about learning and the mistakes that others have made, including your own administration. and what we're doing now in the administration, but there's a lot of blame to go around, dan. and the other thing to talk about obamacare, why wouldn't he talk about obamacare, the guy is a doctor. it's something he knows

something about. so, wait. >> talking about obamacare, he shouldn't be doing it in that setting and he should have. >> oh, come on. >> don't talk about policy and policy differences and can't we actually have one place where we celebrate the almighty and the things that bind us. >> yeah, it's called christmas time, when you have the opportunity to talk about something you know something about, why wouldn't you use that opportunity. you talked about the immoral-- >> because it's selfish. >> no it's not. >> megyn: they gave him the invitation, he he's got a book out. it would be easy to understand where he was-- >> and read it and invited it. >> i'm not sure they invited it. init was inappropriate for mr. carson, dr. carson to talk about unity and things that bring americans together, god, instead of part of an agenda. >> and he's open to all the

time if you've got a better idea, let me hear and and i'm-- >> i want to hear more from dr. karr son he's on your world with neil cavuto today. thanks, guys. >> thank you. >> megyn: coming up the dalton school in new york is prestigious and in a lot of trouble. that's next. [ male announcer ] how do you make america's favorite recipes?

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>> kelly's court is back in session. on the docket, a fund raising scandal at one of manhattan's ultra exclusive private schools. the dalton school, whose alum any include anderson cooper and clare danes among many others, set down a list of kids rejected by the school, the horror! lobbied the rejected families to give money to the school anyway and now some of the parents whose children rejection has now been outed are reportedly weighing legal action against the dalton school. joining me now to discuss, mark eiglarsh a former

prosecutor now a defense attorney. >> dalton, the dalton school. is that how you say it. >> megyn: you have to say it like-- never get into dalton and apparently not everybody many people get rejected and apparently dalton, why it was a mistake, outed identities of some children of alumni and told people, he was rejected and rejected and pulled the application, what they do when they hear they're going to be rejected, anyway, is there a lawsuit here, mark? >> no, next? >> no, i don't know if you're right. >> there is definitely not. i've looked under all possible legal theories, there's definite not, but i'm going to get my zealous advocate lis will come up with a ridiculous theory if somehow she could possibly come up with

something without smiling i will tell you what is the thing, little about billy didn't get into a school and the terror of that. not like they said little billy didn't get into dalton and his mother has herpes, nothing like that. >> where did that come from. >> and beautiful miami. you know you and i are mothers in the new york area and it takes a lot to get your kid into dalton and lis has brilliant children, to mit or harvard or whatever she went. the point is it's a big deal and embarrassing when your child doesn't get in. >> i could never really buy into all of this stuff and i understand a lot of parents in this area do. the thing is there is a legal action because of confidentiality, right to privacy and dalton even admitted they came out and said we violated our policy we're very, very sorry, they violated their policy, they know they do wrong and under federal law if it was a public school there's actually an act

that would cover this, meaning privacy for kids and parent doesn't apply to private schools, i get that, but you could make that argument. >> then why do they need to go to public school like i did. >> exactly. >> and pay taxes, there'ses no rejecting me. mark, let me challenge you on no feasible action. there is a cause of action here in new york state for commercial use of one's likeness without consent. and so in using for fund raising purposes without the consent of the students might dalton have crossed a legal line. >> such a stretch, but here is what would have to happen. the families who are shouse so offended that now the world knows that the johnsons gave a million dollars to build a library, oh, the horror of knowing that, somehow would have to come forward, with a public lawsuit so everyone would know, all the information that was only known to a handful of people 0 to begin with to claim that their privacy was violated.

>> but that doesn't make it right just because the parents are embarrassed and want billy or suzie to get in and afraid they're going to go against the school and definitely reject them, it doesn't make it right what the school did. >> megyn: and our kids do not officially get into dalton ever again. thanks for being here. we'll be right back.

>> more that be 4 than 4,000 people stranded on a cruiseship adrift in the gulf of mexico. the triumph had an engine fire to knocked out the propulsion systems and now they're just sitting in the water until the rescue boats arrived. trace gallagher has the latest from our west coast news room. trace. >> reporter: 3300 passengers and 1100 crew members and put out the fire relatively quickly, but this ship is sitting dead in the water, it's got nothing and right now about 140 miles off the coast.

u.s. coast guard is standing by in case passengers need something and a tug boat is en route to kind of tow the triumph back into port and thinking in port sometime by maybe late thursday or early friday so the ship right now is not expected to arrive until at least them ap the fresh water is working we're told and ample food and water, but only some of the bathrooms are working and that's had a big problem and unclear how much electricity is working, some passengers have gotten calls out to their family using coast guard and they're not happy, listen. >> she was crying and stuff and said, they have no power, they have no running water. they have no way to use the bathroom. >> yeah, no bathrooms on that ship. remember the last time this happened, the u.s.s. or the carnival cruise splendor ship was off the coast and the map where they are by the way, but

the splendor back in 2010 was stuck off the coast of san diego for two days and sweltering hot and running low on water and those passengers were miserable and trying to get these people in as quickly as they can, megyn. they've said they're going to refund their trip and fly them home all on carnival cruise lines. right now you've got about 4200 people who are very unhappy floating dead in the water about 140 miles off the coast. >> megyn: and skippy is unhappy. thanks, trace. my friends at the fox business network are big fans of kelly's court, melissa francis one of those and stuart varney an e-mail. why do you use the british accent for snobbery, the answer to that right after this break.

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